General Terms & Conditions
1. Fundamentals and general provisions
www.marsano.ch and marsano-shop.ch are websites of MARSANO AG, a stock corporation under Swiss law entered in the commercial register of Zurich canton. Its registered office is located in the city of Zurich.
The General Terms & Conditions of MARSANO AG form an integral part of all agreements with MARSANO AG, irrespective of their form (whether verbal, written or concluded by e-mail).
The offers on this website are generally non-binding. Binding offers are clearly labelled as such by MARSANO AG. If in doubt, visitors to the website can assume that an offer is non-binding.
Contracts between MARSANO AG and an orderer may be concluded in written or verbal form. In the case of orders placed via the website, the contract comes into being through e-mail confirmation by MARSANO AG.
2. Delivery of floral decorations
Orders and deliveries of floral decorations are covered by the legal provisions of the contract for manufacture and supply, i.e. those of the contract for work and services in accordance with Arts. 363 et seq. of the Swiss Code of Obligations (CO) as well as with regard to the liability for defects under purchase law in accordance with Arts. 192 et seq. CO as well as the provisions for contracts conferring rights on third parties in accordance with Arts. 112 and 113 CO.
2.1 Floral decorations
The orderer is aware that flowers are a seasonal product and that floral decorations are adapted to the respective time of year. Not all types of flowers can be delivered all year round. All orders are prepared using fresh flowers after an order is received.
2.2 Delivery and shipping
The orderer is personally responsible for ensuring that the delivery address, which must also include a telephone number, is correct. All deliveries are made only after the recipient has been contacted by telephone. We do not leave flowers in front of house doors except by prior arrangement with the recipient.
Flowers for recipients in companies, at hotels and restaurants, in hospitals and at cemeteries are handed to the relevant staff.
Within the city limits of Zurich and Bern as well as in adjacent communities (see section 2.4), deliveries are made by MARSANO AG.
Deliveries are made on Monday to Saturday between 9am and 5pm. Delivery on Sundays or holidays is not possible.
Elsewhere in Switzerland, orders are sent by Swiss Post, with deliveries made the following workday or as stipulated by Swiss Post. MARSANO AG cannot be held liable for any late delivery by Swiss Post.
Direct shipping abroad is not possible. For worldwide deliveries, we transfer the order to a Fleurop partner, who fulfils the order on our behalf.
Orders for delivery within the city limits of Zurich and Bern can be delivered on the same day if the order is placed before noon on a workday. For orders after 12.00 noon, the relevant branch can be contacted by telephone to find out whether next-day delivery is possible. Otherwise they are delivered within 24 hours.
Orders for delivery elsewhere in Switzerland and placed by 12 o'clock on a workday are delivered within 24 hours. Orders received after 12 o’clock are delivered within 48 hours.
2.3 Non-delivery
If the recipient is not at the stated address at the time of delivery, the postman will leave a notification card and take the flowers with him again. If the flowers are not collected from the post office at the stated time, we are obliged to charge the customer for them nonetheless.
2.4. Transportation costs
All delivery and postal shipping is subject to charge. Shipping costs are a flat fee per order. If the charged shipping costs are too high or too low due to incorrect entry of the postcode of the delivery address, MARSANO AG adapts the cost of the ordered floral decoration accordingly.
Delivery costs Zurich city area & neighbouring municipalities: Depending on the delivery distance from 16 CHF up to 64 CHF, the amount is shown when choosing the delivery service.
Delivery costs for the city of Bern & neighbouring municipalities: Depending on the delivery distance from 16 CHF up to 26 CHF, the amount is shown when choosing the delivery service.
Rest of Switzerland (postal delivery): CHF 40.00 (deliveries via post will only be made the following day).
2.5 Retention of title
Floral decorations remain the property of MARSANO AG until they are paid for in full.
3. Value-added tax (VAT)
The prices quoted by us for flowers, plants and chocolates all include 2.6% VAT. Merchandise as well as wines and champagne include 8.1% VAT.
4. Contractual withdrawal, returns
Orders for floral decorations may be cancelled on pressing grounds without charge up to two working days before the desired delivery date. Withdrawal from the contract is also possible after this deadline, although only subject to reimbursement of the costs and remuneration of any work already undertaken.
Because they are produced individually and have a limited lifespan, floral decorations cannot be returned or exchanged.
5. Youth protection rules on alcohol sales
Swiss law prohibits the sale of alcoholic drinks to young people under the age of 16.
By placing an order for alcoholic drinks, the orderer confirms that they will not be used illegally and that both the orderer and the recipient is aged 16 or over.
6. Payment
Online orders of floral decorations may be paid for by Postfinance, Postcard, Visa, MasterCard, American Express, Twint or cash before delivery. Your credit card details are not stored. At the end of the order procedure, they are transferred directly to the credit card company via an encrypted connection, where they are validated.
7. Data protection
Marsano.ch and marsano-shop.ch consider your privacy to be of the utmost importance. We strive to guarantee you the greatest possible data protection and security, Marsano.ch uses your personal data only to process your orders. Your e-mail address and personal data are treated in confidence and are not passed on to third parties.
At our online shop, orders are processed via an order form. The information provided on this form is used to deliver your order, for order and delivery confirmations and billing as well as for answering queries, where necessary. However, it is not collected for the purpose of being traded.
8. SSL encryption
Sensitive data (your address, credit card number, etc.) is transferred between your browser and marsano.ch or marsano-shop.ch via an encrypted connection.
For this encryption, marsano.ch or marsano-shop.ch uses the Secure Sockets Layer (SSL) protocol. SSL is a secure online data transfer procedure that prevents third-party access.
9. Final provisions
The contractual relations between the contractual parties are governed exclusively by Swiss law.
The sole place of jurisdiction is the city of Zurich unless the Swiss Code of Civil Procedure lays down binding or partially binding courts of jurisdiction.
Should one or more of the clauses of these General Terms & Conditions be ineffective or void, this will not affect the validity of the other clauses therein. Such void or ineffective clauses shall be replaced by effective ones that reflect the sense and purpose of these General Terms & Conditions.
The present General Terms & Conditions are subject to change at any time without warning.
These General Terms & Conditions were last updated on 1 September 2023.